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UNITED STATES v. CHESTERFIELD COUNTY SCHOOL DIST., S. C.

No. 73-1141.

484 F.2d 70 (1973)

UNITED STATES of America, By Ramsey CLARK, Attorney General, Appellant, v. CHESTERFIELD COUNTY SCHOOL DISTRICT, CHESTERFIELD COUNTY, SOUTH CAROLINA, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 10, 1973.

Attorney(s) appearing for the Case

Brian K. Landsberg, Atty., U. S. Dept. of Justice (J. Stanley Pottinger, Asst. U. S. Atty. Gen., Thomas M. Keeling and Samuel J. Flanagan, Attys., U. S. Dept. of Justice, and John K. Grisso, U. S. Atty., on brief), for appellant.

H. Simmons Tate, Jr., Columbia, S. C. (Boyd, Knowlton, Tate & Finlay and J. Donald Dial, Jr., Columbia, S. C., on brief), for appellees.

(Richard M. Sharp, David Rubin and Shea & Gardner, Washington, D. C., on brief, The National Education Assn. and the South Carolina Education Assn., amicus curiae. Daniel R. McLeod, Atty. Gen., of South Carolina, Hardwick Stuart, Jr., Asst. Atty. Gen., on brief for The State Superintendent of Education and the State Attorney General, amicus curiae).

Before WINTER and WIDENER, Circuit Judges, and KAUFMAN, District Judge.

WINTER, Circuit Judge:

In the course of effecting a court-ordered plan of desegregation, defendants dismissed ten black teachers who had been continuously employed for many years. One of the ten was a "B" certificate teacher who was purportedly dismissed for cause. The remaining nine were "C" certificate teachers who were dismissed because of a newly adopted policy against employing "C" certificate teachers.

By motion for supplemental relief in which it alleged...

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